BIG MOSQUE Vs. J YELLAMANDA

JUDGEMENT

(1.) These two appeals arising out of references under Sec. 31(1) of the L.A. Act, 1894 (for short 'the Act') relate to determination of rival claims between the landlord and the tenants. The Big Mosque, Guntur, represented by its Muthavalli M.A. Azeem Baig, the landlord, has preferred the appeals against the judgments and decrees dt. 27-6-1990 in LAOP Nos. 274 and 275 of 1982 on the file of the Principal Subordinate Judge, Guntur, directing apportionment of compensation between the landlord and the tenants in the ratio of 40:60. Since common questions of facts and law are involved in both the appeals, they are being disposed of by this common judgment.

(2.) For the sake of convenience, the landlord will be referred to hereinafter as the appellant and the tenants as the respondents.

(3.) The appellant claimed to be the owner of the land measuring Ac.46-86 cents and Ac. 10-91 cents situated in Reddipalem, Guntur Town. The said land was acquired under the provisions of the Act for the purpose of providing house sites to the encroachers residing on the road margins. The Land Acquisition Officer passed award No.5/81 dt. 24-2-1981 in respect of the land measuring Ac. 46-86 cents and award No.6/81 dt. 24-2-81 in respect of the land measuring Ac. 10-91 cents, determining the market value of the land at Rs. 15,000/- per acre. As there was dispute between the appellant and the respondents over the apportionment of the compensation awarded, the matters were referred to the Court of the Principal Subordinate Judge, Guntur, on whose file, they were registered as LAOP. Nos. 274 and 275 of 1982. Later the appellant and the respondents set up claims for enhancement of compensation at the rate of Rs. 50,000/- per acre. Thereupon, the matters were treated as references under Secs. 18 as well as 31 of the Act.